American Civil Liberties Union of New Jersey

News Category : Police Practices

The ACLU-GA would like to extend our condolences to the family and friends of Anthony Hill. Unfortunately this case is not an isolated incident. Far too many Americans who have mental disabilities die every year in police encounters, and many more are seriously injured. People of color with disabilities are disproportionately affected. At this time we join the Atlanta Police Chief in noting the importance of increased training for police on excessive use of force, especially in regards to interactions with people with mental disabilities.

Members of the Georgia #Not1More coalition today announced the latest victory in their efforts to end unconstitutional detention per ICE detainer requests in Georgia.

DeKalb County Sheriff Jeffrey L. Mann has announced that, effective immediately, he will end submission to federal detainer requests, a centerpiece of the failed Secure Communities deportation quota program, without a warrant or other sufficie

“I requested and received a legal review of this practice,” said Sheriff Mann. “The law does not allow us to hold anyone without probable cause. If our judicial system determines that an individual should no longer be held in custody, it is not in my authority to countermand that decision. We all benefit from a nation of laws that regulate the ways people can be detained, and we should be grateful that is the case.”

Representatives of the Georgia #Not1More coalition welcomed the Sheriff’s announcement and will continue to carefully monitor the implementation of the DHS initiative replacing Secure Communities, Priority Enforcement Program (PEP), due to fundamental concerns with police-ICE collaboration exemplified in previous ICE experiments.

“Rejecting ICE’s detainer requests makes all Georgians safer and brings DeKalb County policy in line with the Constitution. We’re glad to see Sheriff Mann taking proactive measures to address the harm to both public safety and community trust in law enforcement that involvement in federal deportation efforts has caused. We will continue to work with the Sheriff to create a bright line between law enforcement and federal deportation efforts to protect our families and prevent ICE programs from violating anyone’s rights regardless of what new name the agency gives to its quota pursuits.” –Adelina Nicholls, Georgia Latino Alliance for Human Rights (GLAHR).

“SONG and the Georgia #Not1More coalition are heartened by this decision, and we hope that Sheriff Mann’s action on this reflects further commitment on behalf of the DeKalb County Sheriff’s Department to work with immigrant communities and our allies post-implementation.We have directly experienced the harm inflicted on our communities by ICE, and with the recent political maneuvers at the federal level, it is increasingly important for our communities to remain vigilant and aware of how this implementation will happen in Georgia.” – Paulina Helm-Hernandez, Southerners On New Ground (SONG).

“We Commend Sheriff Mann for putting an end to the unconstitutional practice of prolonging individuals’ detention per ICE detainer requets. This action is sure to increase community trust in the DeKalb County Sheriff’s Department. Going forward, we will monitor the implementation of the new DHS program, PEP, and will document and take action on any violations resulting from continued local law enforcement entanglement with ICE.” – Azadeh Shahshahani, ACLU of Georgia.

The Clayton County Sheriff’s Office announced this week it will no longer comply with requests from the federal government to hold detainees beyond their scheduled release dates so they can face deportation.

The office’s new policy applies to detainers, requests for jails to hold people for an additional 48 hours — excluding weekends and holidays — after they would otherwise be released. This gives U.S. Immigration and Customs Enforcement time to take custody of them and attempt to deport them.

Fulton County commissioners on Wednesday passed a resolution urging Sheriff Ted Jackson to stop cooperating with federal immigration authorities under a variety of conditions.

Fulton is the first Georgia county to pass such a resolution amid a nationwide debate over the issue, according to the American Civil Liberties Union Foundation of Georgia, which hailed the commissioners’ action. Scores of other jurisdictions have approved similar measures, including Cook County, Ill.; the District of Columbia; and New York City.

The ACLU of Georgia was joined yesterday by a civil liberties coalition asking the Atlanta City Council to adopt reasonable limitations on the governmental use of drones for surveillance. To find out more about the effort, see our fact sheet here.

It's a crime-fighting tool that comes with controversy. The American Civil Liberties Union says they’re concerned about driver’s private information being easily accessible once their tags are scanned.

Chad Brock is the Staff Attorney at the ACLU of Georgia.

There have been instances throughout the country in which this type of information is being shared. We'll consider sending an opens records request to try to get a little bit more information about how they intend to use this, what kind of policies are in place to prohibit this type of information being used in the way that violates the privacy or rights of these individuals," said Brock.

Georgia State Legislature

Declare an emergency session of the State Legislature to limit the use of SWAT to situations in which it's truly necessary to save a life. We cannot wait till the next regular session in 2015.

Outrageous! Police should serve and protect our communities, not wage war on the people who live in them.

Nearly 80% of the SWAT raids the ACLU studied* were to serve search warrants, usually in drug cases. SWAT teams are forcing their way into people’s homes, often in the middle of the night, using paramilitary weapons and tactics and doing needless damage to people and property. Poor communities and communities of color bear the brunt of this unnecessary force.

It does not have to be this way. We can make sure that police honor their mission to protect and serve, by ensuring that hyper-aggressive military tools and tactics are only used in situations that are truly “high risk.”

Right now, a twenty-month-old toddler named Baby Bou Bou is recovering after a flashbang grenade thrown by a SWAT officer in Georgia exploded in his crib. The grenade blew a hole in his chest that has yet to heal. Doctors are still unable to fully assess lasting brain damage. This unnecessary tragedy demands immediate action.

Community members, faith leaders, and elected officials across the aisles are building a movement to limit the use of SWAT to situations in which such aggressive tactics are truly necessary to save a life. This would be the first effort of its kind and set a precedent for other states.

We need to let the Georgia legislature know that people across the country are watching. Baby Bou Bou’s case is one of many casualties of a drug war that is being fought with heavy artillery and waning public support, mainly in poor communities and communities of color. If we can urge Georgia to pass a landmark bill, that will be a crucial first step in the right direction to limit the excessive use of SWAT across the country.

Will you call on the Georgia state legislature to address this problem now, before more kids lose their lives because of this excessive militarization?

The ACLU of Georgia today joined GLAHR, NDLON, and more than a dozen other organizations in calling on the Sheriff of DeKalb County to not prolong individuals’ detention based on ICE detainers. Federal courts have found that the detainer serves as a mere request and does not constitute probable cause for a separate arrest. The ACLU of Georgia and other organizations reminded Sheriff Mann and other Georgia sheriffs about the legal liabilities they could face if they continue to illegally hold individuals on the sole basis of ICE detainers. Click here to find the letter signed by the ACLU of Georgia, GLAHR, and NDLON addressed to Sheriff Mann.

The primary mission of this Conference is to continue the building of a broad based Coalition that will develop strategies collectively on the approaches necessary to END the New Jim Crow in Georgia & the United States. Becoming increasingly organized locally will contribute more to the growing national movement to STOP MASS INCARCERATION.

Which of these groups does not belong with the others: the ACLU, the tea party, Common Cause or Americans for Prosperity?

If you think they could all fit in a coalition under the Gold Dome, give yourself a peach-colored star.

This era is known for its polarization in Washington, and Georgians on the left and the right certainly have their differences about how state legislators should address certain issues. But unlike in national politics, diverse coalitions still can and do emerge on high-profile state issues.

The ACLU and Common Cause have reputations as liberal groups, particularly nationally; the tea party and Americans for Prosperity lean solidly to the right. But representatives of those four outfits, along with the libertarian Institute for Justice, are pushing legislators to change Georgia’s civil asset forfeiture laws -- which allow law enforcement to confiscate private property without a criminal conviction, or in many cases even a criminal charge.